BOZ Wins Case Against Police Officers

BOZ Wins Case Against Police Officers
By Dickson Jere

The Bank of Zambia (BOZ) has won an appeal against police officers seconded to the bank to be paid same dues with those employed by BOZ because they perform same duties and roles.

The over sixty officers seconded to the BOZ based their claims on Cabinet Circular No.3 of 2001 which stated that seconded civil servants should never be disadvantaged in terms of wages when attached to Statutory Bodies and other government departments. The officers further argued that their colleagues who work for BOZ get higher wages and allowances than them who were seconded by Zambia Police but doing same jobs.

However, BOZ argued that this Circular does not bind BOZ, which is an independent constitutional body, and therefore cannot be bound to it.

The High Court heard the case on a preliminary point of law. Having looked at the Circular and how it was couched, the Judge opined that the Circular was addressed to all state institutions and therefore BOZ was bound by virtue of being a state institution.

Unhappy with the decision, BOZ appealed to the Court of Appeal arguing that the Cabinet Circular cannot cover BOZ as it has own structure and conditions of service different from civil service and other government institutions. In fact, it quoted the Constitution of Zambia which states that BOZ will be an independent body not subject to any direction or authority.

Three Judges looked at the appeal and ruled that the case should be remitted back to the High Court for full trial so that both sides should bring evidence to show whether this Cabinet Circular covers BOZ or not.

“Our considered view is that the question raised is one not suitable for determination without the need for a full trial,” the Judges stated.

“The view is fortified by the fact that the determination of whether the Cabinet Office Circular is also addressed to the Appellant and thus binding on the Appellant is one that requires a full trial and evidence to be adduced by both parties in support of their assertions,” the Judges said.

The Court observed that BOZ has a separate legal personality which is separate from government and determines its own conditions of service for its employees and if this Cabinet Circular applied to it, evidence must be adduced in Court.

“Having found merit in the appeal, we allow it. The matter is remitted to the High Court, before another Judge for trial,” the Court ordered.

Case citations- Bank of Zambia v Bernard Fundi (with 59 others) – Appeal No. 291/2024 and Ruling delivered last week 27th January, 2026.

Lecture Notes;

1. The High Court had initially interpreted the Cabinet Circular on preliminary point (without trial) saying the Circular covered BOZ as a state institution. It will be very interesting to see what sort of evidence will be adduced to aid the interpretation as to whether BOZ is covered or not.

2. Zambia Police seconds officers to BOZ who then get integrated into the bank security system. They were same uniforms, same shifts, same transport and same reporting structures but only differs on wages. BOZ insists that the seconded officers are still police officers on ZP payroll and therefore should enjoy those benefits and not BOZ ones.